Confutation of the Anabaptists and Defense of Civil Government, Errata
The Errata.
Some faults have eſcaped the Preſſc, and becauſe the number of pages is not ſot, I muſt direct thee to them by the letters on the lower and on the firſt, b. l. 20. for God r. Gods. On the backeſide, l. 5. for if. r. for. On the ſecond, b. l. 1. leaveout to on the bakſide of the ſecond, d. l. 35. put in are. On the firſt, h. l. 25. put in called. On the backeſide of the ſecond, h. l. 11. for of r. as, l. 40. for Prophet…r. paths. On the backeſide of the third, I. l. 35. put in not. On the ſecond, k. l. 1. put in the meanes of. On the blancke of k. l. 11. for Gervenus, r. Servetus. On the backeſide, l. 13. for Churches r. witneſſes. On the firſt L. l. 8. put in the. On the backeſide, l. 36. for if r. that. l. 35. leave out no.
A confutation of the Anabaptiſts and all others who affect not Civill Government, proving the lawfulneſſe of it, and a full anſwer to all their Cavils that are or can be made againſt it.
THere be two main arguments to prove the lawfulneſſe of civill government amongſt Chriſtians.
Firſt, Civill government is very neceſſary, and that appears in many perticulars, ſuch as theſe; It is neceſſary to defend the outward worſhipping of God, and to defend the ſound Doctrine of Godlineſſe, and the ſtate of the Church; and to frame our life to the fellowſhip of men, and to faſhion our manners to civill righteouſneſſe, and to procure us into Friendſhip one with another, and to nouriſh common peace and quietneſſe. Now while we are here we ſtand in need of ſuch helpes, ſo then the thought of putting downe Civill Government is outragious cruelty, for we ſtand in as much need of it as of our bread and water, the Sun and the ayre, yea the dignity of it is farre more excellent; for if there were no civill government, men could not live together the outragiouſneſſe of mans nature would be ſo boundleſſe: Againe, if it were not for civill government it were unpoſſible to uphold the true Religion, for all manner of wickedneſſe would ſo abound, as Idolatry and Sacriledge againſt the name of God, and blaſphemies againſt his Truth, and all manner of ſin; For the man Micah had his houſe of Gods; In thoſe daies there was no King in Iſrael, but every man did that which was right in his o…ne eies, Judges 17.5.6. And he conſecrated a Levite to Idolatry, & put …m in his houſe of God & ſaid, now I know that the Lord will doe me good: In thoſe daies there was no King in Iſrael, ver. 12.13. chap. 18.1. The Levites wife played the whore and went from him and was afterwards forced to death: In thoſe daies there was no King in Iſrael, Chap. 19.1.2.25. The Children of Iſrael had ſworne ſaying, curſed be he that giveth a wife to Benjamin, yet they diſpenced with their Oath and gave their daughters to them: In thoſe daies there was no King in Iſrael, every man did that which was right in his owne eies, Chap. 21.18.25. Now the civill government reſtraines all theſe outragious abhominations among the people, that common peace be not diſturbed, that every man may keep his own in ſafety, that men may uſe their affaires together without hurt or danger, that honeſty and modeſty may be kept, and that among Chriſtians there may be a profeſſion of religion, and that among men may be a man like civility; So then this Ordinance of policie is to defend the true religion which is contained in the Law of God, that it be not openly and ſacriledgiouſly broken and defiled.
The ſecond maine ground to prove the lawfulneſſe of civill Government, is taken from the honourable Titles that God is pleaſed to put upon it when he commends it unto us; Thoſe whom it pleaſed God to put in the place of Magiſtrates, they are called Gods, I have ſaid ye are Gods, Pſal. 82.6. And this is of no ſmall Importance, for thereby is ſignified that they have Commandment from God, and that they are furniſhed with the authority of God, and do altogether bear the perſon of God, whoſe place they doe after a certaine manner ſupply, ſee Iohn 10.35. If the Scripture ſaith he calleth them Gods unto whom the Word of God was given, which is his word of Command, being a word of Authority; what is this elſe but to decla e that God hath committed his baſineſſe to them, that they ſhould ſerve in his Office as Moſes and Iehoſhaphat ſaid to their Judges, whom they appointed in every City of Iudah, that they ſhould ſit in judgment not for man, but for God, Deut. 1.16. 1 Cron. 19.6. And ſo to the ſame purpoſe the wiſedome of God affi…meth by the mouth of Solomon, that it is his work that Kings reign, and Princes decree juſtice; By me Princes rule, and Nobles, and all the Iudges of the earth, Prov. 8 15.16.
This plainly declares that the government of all things in earth that is in the hand of Kings and other Rulers, is onelyonly from the Providence and the holy Ordinance of God to whō it ſeemed good ſo to order the matters of men, foraſmuch as he is both preſent and Preſident among them, in making of Lawes, and in executing uprightneſſe in judgments: This alſo Paul affirms & reacheth when he reckoneth Governments among the gifts of God, which being diverſly diſtributed according to the diverſity of grace, and ought to be imployed of the ſervants of Chriſt to their edification, Rom. 12.8. And although he there properly ſpeaketh of a Counſell of grave men which in the Primitive Church were appointed that they ſhould have the rule of ordering the publique Diſcipline, which Office the Apoſtle calleth Government, 1 Cor. 12.28. Yet foraſmuch as we ſee that the end of civill power tends to the ſame end, therefore we need not doubt but that he commendeth unto us all kinds of Governments, but ſee Rom. 13.1. Where he purpoſely maketh a full diſcourſe of that matter, for there he ſheweth that Power is the Ordinance of God, and that there is no Powers but they are ordained of God, and that Princes themſelves are the Miniſters of God, for a praiſe of them that d e well, and for a terro…r to evil doers. Hence I conclude, that civil Government is a calling not only holy & lawful before God, but alſo the moſt holy and moſt honourable calling of all other in the whole life of men; yet ſaith Mr. Perkins on his Commentory on Iude page 110. many Libertines ſprung up in the Apoſtles daies, ſuch as Simon Magus, and his Diſciples, who taught that men might lawfully commit fornication: So alſo the Diſciples of Baſilides Eunomius, and the Gnoſticks, Heretikes who taught that men might live as they liſt, ſeeing now ſuch liberty was procured them, being freed from being under the Law any longer, which ſin died not with thoſe curſed heretiques, but the Divel hath in theſe laſt daies revived it, eſpecially in 4. ſo…s of men.
Firſt, the Libertines of this age, who hold with the former, that being under grace, they are freed from the obedience of the Law. Secondly the Anabaptiſts, who upon conſideration of the liberty … that civill Juriſdiction & to Magiſtracie is unlawful, as alſo to make war, and take an Oath before a Magiſtrate, theſe (ſaith he) are dangerous enemies whereſoever they be, both to the grace of God, and to the good of men, for where the civill ſword ceaſeth, there can no ſociety ſtand in ſafety. Thirdly, another kind of Libertines are the Papiſts with their whole Religion, being open enemies to the grace of God, turning it into wantonneſſe and liberty of ſinning againſt him divers waies: Firſt, God having of his grace given unto the Church a power of the keyes to open and ſhut Heaven, but their religion hath turned it into an inſtrument of prophaneneſſe, in ſetting up a new Prieſthood to abſolve and forgive ſins, properly in offering a Sacrifice both for the quick and dead, and ſo aboliſhing the Sacrifice of Chriſt. Secondly, of injuſtice, for by it they depoſe Kings and Princes, and they free Subjects from their Allegiance, and they ſtir them up and encourage them to conſpiracies and rebellions, and they maintaine Factions, Civill Wars and Seditions, and all by vertue of their power. Thirdly, of horrible Covetouſneſſe, by ſelling of pardons for thouſands of years, by which Craft they have gotten the third part of the Revenews of Europe into their hands, which proveth plainly that they turne the grace of God into a liberty of ſinning againſt him.
The fourth ſort of Libertines, are carnall and formall Proteſtants, who turne the counſell of Gods election into wantonneſſe, ſaying, if I be elected to ſalvation, I ſhall be ſaved, let me live how I will, but if I be not elected, I ſhall not be ſaved, lot me do what I can.
Secondly they turne the mercy of God into wantonneſſe, in ſaying God is mercifull, I will deſer my repentance, for at what time ſoever a ſinner repenteth, God wil put all his ſins out of his remembrance: Therefore they will not repent yet, ſaying, what young Saints and old Devils, thus they caſt away the timely acceptance of Gods mercy with a ſcornful reproach.
Thirdly, ſome under pretence of brotherly love ſpend all that they have in wantonneſſe, ryot, exceſſe, gameing, and company keeping to the begge…ing of themſelves and their Families.
Fourthly, others under a pretence that the Jewiſh Sabboth is abbrogated by Chriſt, and now there is no diſtinction of times, hence they will keepe no Sabboth at all.
Fiftly, ſome others ſay where ſin abounded, grace abounded much more, Rom. 5.20. Therefore ſay they, let us continue in ſin that grace may abound: But all theſe turne the grace of our God into wantonneſſe, and therefore by the juſt judgement of God for committing ſuch things are worthy of death, yet they not only do the ſame, but take pleaſure in them that do them, R…m. 1.32.
Now theſe Libertines for the better encouragement of their Diſciples in evil, they tell them they ſhalbe illuminated & deified, ſuch great matters they promiſe them, and by this means make them the children of the Devill ſeven-fold more then they were before: and for the Romiſh Clergy they have been very large in their pr… miſes unto their hearers. They tell them that they ſhalbe able to ſatisfie the juſtice of God for their ſins, yea, and to merit everlaſting life, and not only ſo, but they ſhalbe able to do works of Supererogation, that is, they ſhalbe able to do more then the law of God requires of them, yea, for a little money they ſhall have a tolleration to break any of Gods Commandements, and to reject them at their pleaſure, much like to the old Phariſees, when Gods law ſaid: He that curſeth father or mother ſhall dye the death; but theſe men will ſay, although he honour not his father or his mother he ſhall be free, Mat 15.46. Theſe Achans have a long time troubled our Iſrael: They neither feare God nor regara man, Luke 18.4. They deſpiſe all government both of God and man, divine and humane.
Divine government is the abſolute power of God, whereby he makes lawes to bind the conſcience, and that under pain of life or death eternall; Now this is the power of the whole Trinity, but the adminiſtration of it is committed to the ſonne, this divine law of God is deſpiſed by Libertines, or as now they are more commonly called Antinomians, and by Anabaptiſts, Papiſts, and prophane Proteſtants, yet at this time I intend not to call them to an account for deſpiſing of that government alone, as in it ſelfe, but there is another kind of government deſpiſed of theſe men, which is a humane government, for the Apoſtle ſaith: Submit your ſelves to every ordinance of man for the Lords ſake, whether it be to the King as ſupreame or unto governours ſent by them, 1 Pet. 2.13, 14. This is that government which is ſo much deſpiſed, eſpecially by the Anabaptiſts, to them I chiefly bend the drift of my diſputation, yet not conniving or ſparing any other that ſhall daſh againſt it, or any way ſeem to undervalue it.
This humane or civill government is a ſtate of ſuperiority conſiſting in the power of commanding, and in the power of the ſword for the good of mankind, that it is a ſtate of ſuperiority appeareth, Rom. 13.1. Let every ſoule be ſubject to the higher power. Again, it conſiſteth in a double power, 1. In commanding, that is, of making laws and edicts, calling and conventing, the ſecond power is that of the ſword, and it may be comprehended under theſce 4. heads, 1. In arreſting, 2. Impriſoning, 3. In putting to death, 4. In making warre in way of protection or otherwiſe.
The reaſon why this power of the ſword is added, is this, to put a difference betweene the authority of the magiſtracy, and the authority of the miniſtry: Now this difference ſtandeth in 3. things. Firſt, the magiſtracy hath a power in it ſelfe, whereby the civill Magiſtrate may command in his owne name, but the Miniſtry hath power only to pronounce what God commandeth, and in his name ſaying; Thus ſaith the Lord, none durſt ever ſay from himſelfe, I ſay unto you, but Chriſt alone, Math. 5.
Secondly, the authority of the civill Magiſtrate is in himſelfe, but the authority of the Miniſter is not in himſelfe, but in Chriſt, ſo then the civill Magiſtrate may command obedience to himſelfe, but the Miniſter commandeth it to God.
Thirdly, the civill Magiſtrate hath power over the outward man, but the Miniſter hath power only to counſell, perſwade and exhort. So much of the difference between the Magiſtracy and the Miniſtry.
Secondly, this power of the ſword is added to diſtinguiſh the power of the magiſtracy from all private power, as in Schooles and Families, which have a power of commanding, but not of the ſword.
Laſtly, I adde for the common good of mankind, Rom. 13.4. He is the Miniſter of God to thee for good, or for thy wealth, that is in procuring the welfare of ſoule and body, which ſtandeth in two things, Firſt, true Religion, Secondly, civill juſtice, both which are by the magiſtracy maintained,
Now here it may be demanded, how farre the power of civill government reacheth. I anſwer, over all cauſes, things, and words of men, whether Civil, or Eccleſiaſticall, over Temporall things. I know none that will make queſtion of it, but the Anabaptiſts, who deny the very being of it, but it alſo reacheth to the cauſes of the Church, and this appeareth in that the Kings muſt have the booke of the Law before them when they ſit upon the Throne of the Kingdome, and it muſt be with them, and they muſt read therein all the dayes of their lives, that they may learne to feare the Lord their God, and that they may keep all the words of this law, and do them, that their heart be not lifted up above their brethren, Deut. 17.18.19.20.
Secondly, this we may ſee in many examples of holy Kings in Scripture, Ioſiah kept the Paſſeover and commanded others to keep it, 2 Chron. 35.1.16. and K. Aſa commanded Iudah to ſeek the Lord God of their fathers, and to doe the Law and the commandement, and he took away the Altars of the ſtrange Gods, and the high places, and brake down the images, and cut down the groves, 2 Chr. 14.3.4. And Manaſſeh repaired the Altar of the Lord, and ſacrificed thereon Peace-offerings, and commanded Judah to ſerve the Lord, Chap. 33.16. And Joſiah tooke away all the abhominations out of all the Countreys that pertained to the children of Iſrael, and he made all that was preſent to ſerve the Lord their God, Cha. 34.33. Iſrael ſerved the Lord all the dayes of Joſhuah, and all the dayes of the Elders that out-lived Jo…huah, Ioſh. 24.31. And the Lord raiſed up unto them David to be their King, to whom he gave teſtimony, and ſaid, I have found David the ſ…nne of Jeſ…e, a man after mine owne heart, which ſhall fulfill all my will, Acts 13.22. And ſo when he was King, he did not only reform his own Family, that no lyar ſhould dwel in his houſe, nor deceitfull perſon ſhould tarry in his right, and ſlanderers he would cut off, and proud perſons he would not ſuffer: the faithfull ſhould dwel with him, but yet this is not all (marke ſaith he) I will early deſtroy all the wicked of the land, and cut off wicked doers from the Citie of the Lord, Pſal. 102.
Thirdly the command of God, goes down to the houſe of the King of Iudah, and ſpeake unto him this word and ſay, heare the word of the Lord ô King of Judah that ſitteſt upon the Thro…e of David, execute judgment and righteouſneſſe, and deliver the ſpoiled out of the hand of the oppreſſor, do no wrong nor violence to the ſtranger, and fatherl…ſſ… and the widow, neither ſhed innocent blood in this place, then if they do theſe things, abundance of bleſſings are promiſed, but if they do not theſe things, fearfull judgments are threatned, Jer. 22.3.4.5. & 21.11.12. And (ſaith David) Be wiſe ô Kings, ſerve the Lord, kiſſe the Sun leſt he be angry, Pſal. 2. Fourthly, the Lord hath promiſed that Kings under the Goſpell ſhall be nurſing Fathers, and Queenes nurſing Mothers to his Church, Iſa. 49.23. Yea Kings ſhall bring their honour and glory into it, Revel. 21.24. That is, the honour and glory of their power and authority, and riches alſo, ſhall be all improved for the good and welfare of the Church, they ſhall caſt their Crownes before the Throne ſaying, worthy art thou O Lord to receive glory and hoxour and power, for thou haſt created all things, and for thy pleaſure they are & were created, Revelat. 4.10.11. And as they have given their power to the Beaſt, ſo time will come, the Lord haſten it, that they will give all unto Chriſt for the good of his Church, as David did. 1 Chron. 29.11.12.
But heare the Schiſme of Brownie, thoſe independant people will ſet upon mee, who tell us that Chriſtian Princes and Magiſtrates have no more to doe in or about the Church then heathen Princes; I anſwer, but every faithfull Subject under a Chriſtian Prince will acknowledge his place is to defend the ſaith, I mean the Doctrine of faith, all thoſe truths which are neceſſary to be believed to ſalvation they are to defend, that no hereſie as a canker may corrupt, as alſo the written word of God, which is called the word of faith, becauſe by it faith is wrought in the Elect, Rom. 10.17. this faith they muſt defend alſo: But they object, that thoſe Kings of Iudah mentioned before, who medled in the Church with Reformation and Eſtabliſhment of Religion, that they did it not as Kings, but as Types of Chriſt, ſo that now Chriſt is come, he hath put an end to all ſuch Types and Shadowes; but this is a wicked errour for us to exclude any perticular calling that is lawfull, eſpecially ſuch an eminent calling as that of the Magiſtracy, from … any hand in the worke of Reformation, and ſetting up of the true Gnvernment of Jeſus Chriſt amongſt us, as though that Chriſt was not then the King of his Church …ſwell as now.
I once demanded of ſome of the chiefe of them in that way what Chriſt was to the Church of the Jewes, if not their King while thoſe Reformers were living, but I was never anſwered yet: But what ſaith the Lord, I have ſet my King upon the hill of Sion, Pſal. 2.6. The Lord ſaid unto my Lord (ſaith King David) Pſal. 110.1. Yea before the Law was given when Abraham ſate in his Tent doore, he lift up his eyes and looked, and loe three men ſtood before him, but one of them was Chriſt, for (ſaid he) My Lord if now I have found favour in thy ſight, paſſe not away I pray thee from thy ſervant, Gen. 18.2.3. The other two were angels which went to Sodom, Chap. 19.1. He appeared often, as to Iacob Gen. 32.24.28. & Exod. 23.20. Ioſhua 5.14.15. He is called the King of Iacob, and the King of Iſrael, and wiſedome which is Chriſt ſaith, By me Kings reigne, and Princes decree juſtice; By me Princes rule and Nobles, yea all the Iudges of the earth, Pro. 8.12.15.16. So that then Kings were Gods Deputies on earth aſwel as now: But will they debar that honourable calling of the Magiſtracy from having any hand in the worke of Reformation of Religion under the Goſpell, how will they anſwer ſuch places as theſe, They ſhall bring thy ſons in their Armes and thy daughters ſhall be carried upon their ſhoulders, and Kings ſhall be thy nurſing Fathers, and Queenes ſhal be thy nurſing Mothers, Iſa. 49.22.23. And ſaith Paul, pray for Kings, and all that are in Authority, that we may lead a quiet and peaceable life, in all godlineſſe and honeſty, 2 Tim. 2.1.2. Then muſt we pray that Kings and thoſe in authority may be a meanes to help us to lead a peaceable, quiet, honeſt and godly life, and then ſay preſently that they have no more to governe us in a godly life, than heathen Princes, but Kings muſt read in the Law of God all the dayes of their life, that they may learne to feare the Lord their God, and keep all the words of this Law, and doe them, Deut. 17.10 19. If this doth not ſatisfie, ſee one place more, 2 Sam. 22.3, The God of Iſrael ſaid, the Rock of Iſrael ſpeake to me he that ruleth over men muſt be juſt, and not only ſo, but ruling in the feare of God. If this ſufficeth not, let them ſhew whem or where any lawfull calling was debard from the work of Reformation, if they cannot, then why ſhould this honourable calling be excluded? We may read of many callings that put to their hand in repairing the walls of Jeruſalem, which was a Type of the Church, as the Apothecaries, Goldſmiths, Merchants and others, and Rulers that put their hand to the worke, and commended but their Nobles, are branded for this, that they put not their necks to the worke of the Lord, ſee Nehem. 3.5.
I grant that Miniſters are to informe the Church what is the will of God concerning Reformation but the Church and People are to doe it in obedience to Gods Commandment, and the commandment of the Magiſtrate, ſee both theſe Ezra 6.14. theſe were heathen Kings, and were they alſo Types of Chriſt: Again, ſhall heathen Princes have their hand in the worke of Reformation, and ſhall Chriſtian Kings be barred from it, ſhall thoſe without the Covenant and without Grace doe it, and ſhall not Chriſtian Kings and Magiſtrates being in the Covenant and in the ſtate of grace doe it? thoſe that are not blind may ſee their folly.
In the next place it wil be demanded whether Magiſtrates have the ſame authority in Eccleſiaſ…icall things as in Civill: I anſwer, no, there be two differences to be marked; Firſt in civill cauſes it ordereth all, and executeth all, but in Eccleſiaſticall it hath power to order al, but not to execute thē, the Magiſtrate indeed ordereth and preſcribeth an all, but the Min ſter is he that executeth in Eccleſiaſticall cauſes. Secondly, Civill Authority hath power over all the things of men, as their words and actions, body and goods, but not over the things of God, as the Word and Sacraments, Faith and Conſcience, and all the graces of Gods ſpirit wrought in the heart, civill power hath no rule over theſe, for (ſaith Chriſt) Give unto God the things of God and unto Ceſar the things of Ceſar. Secondly, this authority exten…eth to all ſorts of perſons, as well Eccleſiaſticall as Civill, but ſo as it reacheth not beyond the out ward man, it's to the body life, converſation & outward things, but not to the ſoul & conſcience of which God is the only Lord & governour: Now if it be demanded how many kinds of Civill Government there be, I anſwer, it is of three ſorts, firſt in one perſon, which is a Monarchie. 2. In more then one, when the government is in a few States and Peeres, this may be called Ariſtocrificall. or a Parliamentary way of government. 3. When it lyes in the body of the People, this is called a popular governement by one of theſe three is every Common-wealth governed.
Here I need not to diſpute which of theſe is the beſt kind of government for a Chriſtian Common-wealth to be governed by. I ſuppoſe a populer government is the way to ſedition and to Civill wars, and mutinies in a Common-wealth, and Monarchiall would be a very heavy burden for a free Nation to beare, when Reheboam told them he would make their yoake heavy, and whip them with Scorpions, he almoſt loſt all his Subjects. 1 Kings 12.14. Then I conceive a Parliamentary way of government to be moſt agreeable to Gods word, and moſt comfortable & beneficiall to all the people, when the three States are aſſembled, the King entring a Covenant with the Lords and Commons, repreſenting the whole body of the land: Thus all the Elders of Iſrael came to Hebron, and David made a Covenant with them in Hebron before the Lord, and they annoynted David King over all Iſrael, 1 Chro. 11.3. And when Joaſh was annoynted King, all the chiefe of the Fathers of Iſrael came to Jeruſalem, and all the Congregation made a Covenant with the King in the houſe of God, 2 Chron. 23.2, 3. Now this Covenant between the King and the repreſentative body of the Kingdome bindes all in obedience, ſee Ioſh. 9.18, 19.20. What the Princes of Iſrael then did, if Saul although a King, and many hundred of years after, ſhall preſume to breake this Covenant, his houſe and Kingdome ſhall ſinart for it, ſee 2 Sam. 21. Nay, although the covenanting with thoſe people was a ſinne, and many of the people murmured at it, yet it being made, muſt not be broken, which doth at this time charge us all to be under this Nationall Covenant, conſidering the repreſentative body of the Land have ſolemnly taken it, although ſome refractory people refuſe it and murmure at it, yet this wil not free any from obſerving of it, Deut. 29.14, 15.
The Oath of the Kings of England taken out of the Parliament Role, 1. H. 4. N. 17.
The form of the Oath wont and accuſtomed to be taken at the CORONATION.
YOu ſhall keepe the Church of God, the Clergy and the people entirely in peace and concord in God, according to your power. He ſhall anſwer, I will keep them.
You ſhall cauſe equall and right Iuſtice in all your judgements, and diſcretion in mercy and truth, according to your power. Hee ſhall anſwer, I wild…e it.
You ſhall grant juſt Lawes and Cuſtomes to be kept, and you ſhal promiſe thoſe ſhalbe protected by you, and to the honour of God, to be ſtrengthned, which the Common people ſhall chuſe according to your power. He ſhall anſwer, I grant and promiſe it.
And the people bind themſelves to the King in the Oath of Allegiance.
BUt now ſtep out the Anabaptiſts, who deſpiſe government, ſaying, all ſwearing is unlawfull; for ſay they, Chriſt ſaith, ſwear not at all, Mat. 5.34. I anſwer, that is meant in our communication, which muſt be Yea, yea, and nay, nay v 37. Again, God commands ſwearing as a part of his worſhip, ſaying, Thou ſhalt feare the Lord thy God, and ſerve him, and ſhale ſweare by his name, Deuteron. 6.13. & 10.20. Now Chriſt came to do the will of his Father, Iohn 5.30. And not to contradict it as our Anabaptiſts blaſphemouſly affirme, while they ſay, Chriſt here flatly forbids ſwearing, which was commanded by God as a part of his worſhip: but ſee how theſe wicked people would make a breach of Unity in the very Trinity betweene God the Father, and God the Son; then wel may theſe blaſphemers make rents and diviſions in Kingdomes and Common wealths. Again, the Apoſtle is ſo far from denying the lawful uſe of ſwearing, that hee gives a ſufficient reaſon to prove the lawfulneſſe of it in ſome caſes for ſaith he men verily ſweare by the greater, and an oath for confirmation is the end of all ſtrife, Heb. 6.16. Again, we have many examples of them that have ſworn upon ſome occaſions, both out of the old Teſtament and out of the New, Gen. 21.23.31.53. Rom. 9.1.2 Cor. 1.23. 2 Kings 6.31. This may ſuffice to prove that ſwearing in ſome caſes is lawfull.
Now to know what an oath is, we ſhall ſee by the parts of it, which are two, Confeſſion and Imprecation: Confeſſion is threefold, though for the outward forme the words be few: Firſt, a man confeſſeth that which he ſweareth to be true in his conſcience. 2. That God is a witneſſe not of his outward action and ſpeech, but alſo of his particular conſcience. 3. That God is an omnipotent Judge of all, and of him that ſweareth, and able to juſtifie him if he ſweare truly, or otherwiſe to condemne him eternally if he ſweare falſly, theſe things are confeſſed by him that ſweareth.
The ſecond thing in an oath is Imprecation, which is a prayer to God for two things. 1. That God would be witneſſe with him that ſweareth, to teſtifie that hee ſweareth truly, and according to his conſcience, ſo Paul did, Rom. 9.1. I ſpeak the truth in Chriſt, I lye not, my conſcience bearing me witneſſe in the holy Ghoſt. 2. a man prayes that God would become a Judge to curſe him with eternall wrath, if he ſweare falſly, thus did Paul, 2 Cor. 1.23. I call God to record upon my ſoule; and the forme of ſwearing in old time was the uſing of this imprecation, God doe ſo to me, and more alſo if I do not thus and thus, 2 Kings 6.31. Thus you ſee what an oath is: Now it may be demanded, when be the times, and in what caſes we may lawfully ſweare, ſeeing we may not ſweare in our communication.
I anſwer, a man may lawfully ſweare, when the Magiſtrate miniſtreth an oath unto a man upon a juſt occaſion, for the Magiſtrate hath the power of God in this caſe, and therefore when he juſtly requires it of a man, then he may lawfully ſwear.
Secondly, when a mans own calling generall or particular, neceſſarily requires an oath, and that in foure caſes, 1. When the taking of an oath ſerveth to maintain, procure, or win unto God any part of his glory, or to preſerve the ſame from diſgrace, in this regard Paul moved with a godly zeale, uſed an oath for confirmation of his Doctrine, that the Churches to whom he writ, might be eſtabliſhed in the truth, and ſo glorifie God the more.
Secondly, when his oath ſerveth to maintain or further his own or others ſalvation, or preſervation in ſoule or body, in this caſe Paul calls God for a record unto his ſoule, that he came not to Corinth to ſpare them, 2 Cor. 1.23. And David to further himſelfe in the way of ſalvation bound himſelf by an oath that he would keepe Gods Commandements, Pſal. 119.106.
Thirdly, when the oath ſerves to confirme and eſtabliſh peace and ſociety between party and party, countrey and countrey, Kingdome and Kingdome: Thus did Abraham and Abimilech ſweare each to other, Gen. 21.23. And Jacob and Laban, Gen. 31.53. And by vertue hereof do Subjects binde themſelves by oath in Allegiance to their Princes, and ſouldiers to their Generalls.
4ly, when a man by oath may free himſelfe, and can no otherwiſe from temporall loſſes, or procure to himſelfe ſome temporall benefits which be of great weight and moment, then do men take an oath for confirmation to put an end to all ſtrife, Heb. 6.16. For much ſtrife and contention ariſeth about worldly affairs, and in this regard, a man by oath may purge himſelfe lawfully from infamy and ſlander: in theſe four caſes a man may lawfully ſwear, not only before the Magiſtrate, but alſo privately, ſo it be with due reverence and good conſcience, but in common talke or on light occaſions, a man cannot lawfully ſweare, either by great or ſmall oaths, for that it is to take the name of God in vaine.
Secondly it may be demanded, how muſt a man take an oath, when he is by a juſt occaſion called to ſwear? I anſwer, there be three vertues or ingredients in an oath, which muſt not be wanting, Ier. 4.2. Thou ſhalt ſweare, the Lord liveth in truth, in judgment, and in righteouſneſſe.
Firſt, truth, and that reſpecteth 2. things, 1. The matter whereto we ſwear, for God may not be brought for a witneſſe to a lye, 2. It muſt be in truth, according to the mind of him that ſweareth without fraud or deceit, and with intent to performe that truly which he promiſeth thereupon.
Secondly, we muſt ſweare in righteouſneſſe, which alſo reſpecteth two things, firſt the thing ſworn to, that muſt be juſt and lawfull, and according to Gods word: ſecondly, the conſcience of the ſweater, for a man muſt not ſweare for a trifle, although the thing be true, but either by authority of the Magiſtrate, or upon ſome neceſſary cauſe of his lawfull calling, and againſt this vertue do thoſe ſinne that ſweare uſually in their common talke, though the thing be true, for trifles and light matters are not a juſt cauſe of an oath.
Thirdly, we ought to ſwear in judgement, that is, he that ſweareth rightly, ought to know the nature of an oath, and be able to judge of the matter before whom, and to whom,, and of time and place, and other circumſtances, and for his owne perſon, he that ſweareth, ought to ſee in his own conſcience that he is fit to take an oath, and thereby to worſhip and glorifie God; for he that ſweareth aright, ought to have his heart ſmitten with feare and awe toward God, as in all other parts of his worſhip, Deut. 10.20. The feare of God and ſwearing are joyned together, & therefore a prophane man that hath no feare of God in his heart, ought not to ſweare, this may ſuffice our Anabaptiſts concerning the lawfull uſe of ſwearing, eſpecially that oath of Allegiance to Princes, wherein they are bound in ſubjection to Civill government which they deſpiſe, and ſo much for their firſt objection againſt the lawfull uſe of Civill government.
Their ſecond objection, they ſay that ſubjection came in with ſin, but (ſay they) Chriſt hath taken away ſin, and therefore he hath taken away ſubjection alſo: Againe, they ſay that man in innocency was to rule over the fiſh in the ſea, the fowels of heaven, and over the beaſts on the earth, and all creeping things, but not over man, Gen. 1.26. But after the fall Eve is put under ſubjection to Adam, Gen. 3. To this I anſwer, that there be two kinds of ſubjection, the firſt is ſervile, the ſecond civill; the former is the ſubjection of a ſlave or vaſſal, who is onelyonly to ſeeke the proper good of his Lord and Maſter, the latter is that whereby one man is ſubject to another for the common good, the firſt of theſe came in by ſin, but the ſecond was before ſin, even in innocency, and ſo Eve was ſubject to Adam in innocency; and the Apoſtle argueth thus, Let the woman be ſubject to the man, for ſhee was taken out of man; for the man is not of the woman, but the woman of the man; neither was the man created for the woman, but the woman for the man, 1 Cor. 11.8.9. Let the woman learn in ſilence with all ſubjection; I ſuffer not a woman to uſurpe authority over the man, for Adam was firſt formed then Eve, 1 Tim. 2.11.12, 13. Now this was in their innocency that the woman was taken out of man, & that Adam had the priority in creation, & woman was made a help meet for man, Ge. 218. Therfore ſhe was ſubject in the time of innocency: Again, in the time of innocency it was ſ…d, increaſe and multiply, therfore by the light of nature there is a plain diſtinction between the father and the ſonne, the one to rule, the other to obey, therfore obedience is due to Magiſtrates: Again, they miſ-alledg that place Gen 1.26, becauſe it was ſpoken not of man alone, but of all mankind, which comprehends aſwell women as men, for all mankind without exception had dominion over the veſt of unreaſonable creatures; and for the ſecond place Gen. 3.15. He ſhal rule, a…d thou ſhalt be ſubject; this is not ſpoken as if ruling & ſubjection were not before the fall, but becauſe now ſubjection is joyned with feare, griefe and ſorrow, this is that curſe that came in by ſin, and was not in innocency, for then ſubjection was delightfull and full of pleaſure; So then ſubjection it ſelfe is not a curſe, but as feare, and griefe and ſorrow are joyned with it; then let us make our ſubjection to Magiſtrates a pleaſure, and ſo the curſe is taken off, and we ſhall enjoy the bleſſing promiſed Epheſ. 6.2.3.
Thirdly they object, that every beleever is in the Kingdome of Heaven even in this life; and further, they ſay in Heaven there is no King but God, therfore beleevers are to be ſubject to none but God and Chriſt: I anſwer, there be two kinds of Government upon earth, one is ſpirituall and inward, this is called the Kingdome of Heaven that is within you, which ſtandeth in righte usneſſe, peace of conſcience, and joy in the holy Ghoſt, Rom. 14.17. In regard of this government of Chriſt there is no difference, of bond and free, Maſter and Servant, Father and Sonne, for all are one in Chriſt, Gal. 3.28. But the other is actuall Government, wherein orders and diſtinctions of men muſt be maintained, as ſome muſt be Princes, ſome muſt be Subjects, ſome Fathers, ſome children, ſome Maſters, ſome ſervants: hence every man ought to ſuſtaine two perſons, and is to be conſidered firſt as a believer, and a member of the Kingdome of Chriſt thus he is equall to any beleever, and any beleever is equall to him. Secondly, he muſt be conſidered as a member of the Common-wealth wherein he liveth, thus he is either a Superiour, or an Inferiour, ſo then their reaſon were to ſome purpoſe if every beleever were only in the Kingdome of Heaven but every one that liveth here is alſo a member of ſome Common-wealth, ſo that he muſt either be a Magiſtrate to rule others, or elſe hee muſt be ſubject, and obedient to others whom the Lord hath appointed to rule them.
Fourthly, they object that civill Government is full of cruelty, which having the ſword in their hand, they deſtroy the bodyes and ſoules of offenders in not giving them time of repentance, and therefore is intolerable among Chriſtians: I anſwer, Moſes and the Levites by Gods commandement flew 3000. of the Iſraelites for worſhipping the golden Calfe, and never gave them ſpace to repent. Secondly, malefactors that are not moved to repentance under the ſentence of preſent death, there is little hope that ever they will repent although they had longer time allowed to them. Thirdly, Gods wiſedome and commandement muſt take place of mans reaſon, but he commandeth that the malefactor ſhould dye, that thereby the evill may be taken away; then better it is that one ſhould be deſtroyed then unity; better that one be removed then a multitude by the contagion of his example ſhould be infected, therfore civill government is neceſſary, and ought to be obeyed.
Fiftly, they object many places of Scripture, ſuch as theſe, Gal. 5.1. Stand faſt in the liberty wherin Chriſt hath ſet you free, from this they plead that they are freed by Chriſt from all obedience to Magiſtrates: I anſwer, the liberty which Chriſt hath procured us, is liberty of conſcience, and freedome from the power of ſin, Satan, death, hell and condemnation and therfore ſpirituall, but not from temporall or civill ſubjection.
Sixtly, from Ram. 13.8. the Apoſtle ſaith, owe nothing to any man but love, therefore ſay they, no obedience or ſubjection: I anſwer, there be two kinds of debts, 1. a civil debt occaſioned by contract and bargaining between man and man, the ſecond is a debt to which we are all bound by Gods commandement, Law or Covenant; but this place is to be underſtood of the firſt of theſe ſo far as lies in our power, but we are bound ſtill in ſubjection and obedience to the latter, and beſides in this word love is comprehended all manner of duty whatſoever, therefore love is the fulfilling of the whole Law: For as love to God includes obedience, ſo doth love to man the ſame.
Seventhly, from Mat. 17.26. Where Chriſt had demanded before of whom the Kings of the earth take tribute, whether of his owne Children or of ſtrangers, and Peter anſwered, of ſtrangers, to which Chriſt replied, then are the children free; From hence they would gather, that there is no ſubjection due to Magiſtrates, becauſe Kings Sonnes are freed from paying Tribute: To this I anſwer, that Chriſt here ſpeaketh of himſelfe, who was by his birth the heire of the Crown and Kingdome of the Jewes, and therefore by right was to pay none, neither did he but to avoid offence, but how doth this free othermen from their obeciēce to Magiſtrates?
Eighthly, from theſe words of Paul, Yee are bought with a price, be yee not the ſervants of man 1 Cor. 7.23. I anſwer the Apoſtle here doth not free ſervants from their ſubjection and obedience to them that are their Maſters, for (ſaith he) Servants obey in all things your Maſters according to the fleſh, Col. 3.22. But they muſt not make them abſolute Lords over their ſoules and Conciences, and the graces of Gods ſpirit in them, theſe are the things of God; Now, if our conſcience move us to obedience, it muſt be from Gods commandement and not from mans for ye ſerve the Lord Chriſt therefore do it heartily; but mark how, as to the Lord, and not to men, Col. 3.23 24.
Ninthly, they object from theſe words of Chriſt ſaving, The Kings of the Gentiles exerciſe Lordſhip over them and they that exerciſe authority are called benefactors but ye ſhall not be ſo, Luke 22.25. But what of this, here was a ſtrife among the Diſciples which of them ſhould be accounted the greateſt, and Chriſt to ſuppreſſe their ambition, told them that their miniſtery was not like to Kingdomes in which one man hath preheminence above the reſt; but how doth this place hinder Magiſtrates of that ſubjection which is due unto them? It is cleare from hence, that although the miniſtry ſhould be equall, that one ſhould not exalt himſelfe above another, yet it ought to be ſo in Kingdomes, therefore civill Government is warrantable and lawfull.
Tenthly, they object, that beleevers are governed by the ſpirit of God, and ſo are able to governe themſelves every way, and need not any government of man: I anſwer, it is one thing what we doe, and another thing what we ought to doe, we ought indeed ſo to live as not to need any governours, but we doe not live ſo, yea if beleevers could live ſo, yet were the reaſon nought, for the viſible Church containes as well bad as good, hypocrites as well as ſincere Chriſtians, and therefore the beſt Churches ſtand in need of Magiſtracy for the puniſhment of evill doers, & for the praiſe of them that do well, yea the Church lying open to the malice of Sathan and wicked men, ſtandeth ever in need of Magiſtracy to protect it by force, or warre, or otherwiſe.
Eleventhly, they object that all Chriſtians by the law of God are forbidden to kill, and ſaith the Lord, ſpeaking of theſe times under the Goſpell, that they ſhall not hurt nor deſtroy in all my holy mountaines, Iſa 11.9. I anſwer, Magiſtrates in executing juſtice, do not do it of themſelves, but as they are Deputies to the Lord, they do but execute his will; Iehoſaphat ſaid to the Judges, take heed what you do, for ye judge not for man, but for the Lord, 2 Chron. 19.6. Then they doing all things by Gods authority, they ought not to beare the ſword in vaine, Rom. 13.4. Therefore David rehearſeth this among the vertues of a King: To cut off the wicked of the Land, and all the workes of iniquity from the Citie of the Lord, Pſal. 101. This made Moſes to forget his meekneſſe, and David his gentleneſſe, to doe the juſtice of the Lord: The King that ſitteth on the throne of judgement, ſpreadeth his eyes over every evill man. Again, a wiſe King ſcattereth the wicked, and bringeth the wheel over them Pro. 20.8.26. Take away the wicked from before the Throne, and the Throne ſhal be eſtabliſhed in righteouſneſſe: An evill man ſeeketh only rebellion, therefore a cruel meſſenger ſhalbe ſent againſt him, Pro. 16.12.17.11. Thus you ſee that magiſtrates may cut off malefactors by death, and yet be free from ſpilling blood, or the breach of that Commandement, which ſaith, Thou ſhalt not kill: Nay, it is their righteouſneſſe to cut off the guilty malefactor, and by ſo doing, they do keep their own hands pure from the blood that thoſe murderers have ſhed, and on the contrary if they do not, they are guilty of moſt horrible wickedneſſe, yet a Magiſtrate muſt take heed that hee doth neither with rigorouſneſſe of mind wound them that he ſhould heale, nor with a ſuperſtitious affectation of clemency, fall into moſt cruell gentleneſſe.
12. But they object, that under the Goſpell Chriſtians ſhall turne their ſwords into Plough ſhares, and their ſpears into pruning hookes: Nation ſhall not lift up ſword againſt Nation, neither ſhall they learn warre any more, Iſa 2.4. To this I have given a large anſwer in that book intituled the Saints Inheritance after the day of judgement, when the Saints ſhall inherit all things: but till the day that Chriſt ſhall come to judgment? wars ſhall never ceaſe, they ſhall fall by the edge of the ſword, but when ſhall this be? ſurely very neare the end when there be ſignes in the Sun, Moon, and Stars, then they ſhall ſee the Son of Man in a cloud with power and great glory, but what of this? I anſwer, when ye ſee theſe things come to paſſe, know ye that the kingdome of God is nigh at hand, Lu 21.24.25.27.31. Now will you know when wars ſhall ceaſe? I anſwer, when the Son of Man ſhall come with power, and great glory, then is that Kingdome of God at hand, in which there ſhalbe no wars, but then all that offend ſhalbe gathered out of his Kingdome, and caſt into the furnace of fire, and the righteous ſhall ſhine as the ſun in the Kingdome of their Father, Math. 13.41, 42, 43. Then wars ſhall ceaſe when there ſhalbe none in that Kingdome that offends, but theſe offenders muſt be in the Church, till the very judgement day at the end of the world: The Angels which are the Reapers, ſhall take out thoſe tares that did offend, and caſt them into hell fire; then ſhall the ſecond Adam reſtore to the Saints all the creatures in their firſt perfection, after that they are purified by fire, at that day the Saints ſhall inherit all things, and not before: For the firſt Adam by ſin brought vanity and corruption upon all the creatures, but at that day the creatures ſhalbe purified and purged from their vanity and corruption, and then reſtored to the Saints alone, & ſo they ſhall remain for ever; for the Second Adam wil reſtore againe to the Saints all that they loſt, and not as they are now corrupted & cloathed with vanity: For the new heavens and the new earth which I will make, ſhall remain before me, ſaith the Lord, Iſa 66.22. Of that Kingdome there ſhalbe no end, Luke 1.33. Now becauſe the Church ſhalbe peſtered with many enemies till the day of judgement, the ſword of the Magiſtrate is neceſſary to keep down the ſeditious ſtirs of unquiet men, which trouble all Kingdomes with violent oppreſſions and hainous evill doings, then Magiſtrates ought to defend them that are troubled, and to preſerve the lawes & diſcipline with purity, which is the only means to regulate ſuch wicked men to better obedience; ſhall Theeves that rob a few be puniſhed, and ſhall they ſuffer whole Countreys to be ſpoiled with robberies; ſo then the chiefe Magiſtrate is not only to ſuppreſſe private injuries with judiciall puniſhments, but alſo muſt defend with war the Dominions committed to his charge againſt any forraign invaſion whatſoever, and ſuch wars by the teſtimony of Scripture in many places are lawfull.
Thirteenthly, they object that in the new Teſtament is neither witneſſe nor example which teacheth that war is a thing lawfull for Chriſtians: I anſwer, the ſame rule that was to the Jewes remaines ſtill for Chriſtians, and there can be no cauſe to the contrary why Magiſtrates ſhould not now defend Chriſtians aſwel as they did the Jewes. Secondly, we ſhould not look for a full declaration of theſe things in the writings of the Apoſtles, for their purpoſe was not to frame a Civill State, but to eſtabliſh and to ſettle the ſpirituall Kingdome of Chriſt. Thirdly, if Chriſt had intended that wars ſhould end at his comming, he would have ſaid to thoſe Souldiers which demanded of him ſaying, what ſhall we doe? Luke 3.14. I ſay his anſwer would have been this, caſt away your weapons, and utterly withdraw your ſelves from war, but he ſhewes no diſlike of their being Souldiers, only he counſels theat to be content with thear wages, and to doe violence to no man; yet by the way, I approve not of every light-occaſion to be ground ſufficient to goe to wars, unleſſe they be driven to it by extreathe neceſſity: For as Cicero, a heathen man ſaid, our going to war ſhould tend to peace, for war ſhould be ſought onelyonly, when no other meanes will procure peace: Laſtly they ought not to goe to warre upon any private affection, but as they are ſenſible of ſome injury dōe to their Kingdome, which they are charged to keepe in peace, for if any private affection ſhould move them for wars, they abuſe the power committed to them; which was not given them for their owne Commodity, but for their Kingdomes benefit; thus they may uſe Garriſons and Fortifications to defend the borders of their Countries, and if any trouble ariſe, they may joyne their Forces together to ſuppreſſe the common Enemy which would ſpoile their Kingdome, which they are charged to keepe in peace and ſafety.
The Apoſtle compares the fight of faith, that ſpirituall combate the child of God … corruptions, to the bodily fight with open enemies to the Church of Chriſts which ſhewes the lawfulneſſe of wars undertaken by Chriſtians for defence of their Religion, now the good ſouldier muſt give himſelfe wholly to it, and ſtrive lawfully, and he ſhall be crowned 2 Tim. 3 4 5. And we read of rare Chriſtians that were Souldiers, the Centurion had ſouldiers under him, and yet he had ſuch a ſaith, the like was not found in Iſrael, Mat. 8.9.10. And Cornelius was a devout man, and a Captain of the Italian Band, and he had devout ſouldiers under him, Acts 10.1.2.7. And Paul was guarded by a Band of ſouldiers, Acts 23.23.24. We read that Gog and Magog will compaſſe the Campe of the Saints, Revel. 20.8.9. But what, ſhall not this Camp of Saints reſiſt them? I ſaw the Beaſt and the Kings of the Earth, and their Armies gathered together to make war againſt him that ſate on the horſe, (marke) and againſt his Army, and the Beaſt was taken, Revel. 19.19.20. But what, was this done without any fight? did this Army of Chriſtians, and this Camp of Saints ſtand all for cyphers? You ſhall ſee Ieruſalem compaſſed about with Armies, Luke 22.20. And there ſhall be warres, for all theſe things muſt come to paſſe, Mar. 24.6. It is ſpoken indefinitely, that if one King goe to war with another, they ought to withſtand him if they be able, Luke 14.31. As we would doe againſt a thiefe, and not ſuffer our houſe to be broken up, Mat. 24.43. (ſaith Chriſt) I came to ſend fire on the earth, & it is already kindled, Luke 12.49. I came not to ſend peace, but a ſword, Mat. 10.34. Then he that hath no ſword, let him ſell his garment and buy one, Luke 22.36. And reſiſt unto bloud, Heb. 12.4. Then thoſe that thinke their lives too deare for Chriſt and his Goſpell, are unworthy of either, Mark 8.35. & ill members both to Church and State.
Hence we may gather, that if this be ſo, then Tributes and Taxes are lawfull Revenues for Princes, which they may chiefly imploy to ſuſtaine their common charges of their Office, and likewiſe uſe to their private Royalty and honour of their Princely ſtate and dignity, as wee may ſee by the examples of many holy Kings in Scripture, which according to the State of their perſons which they did beare, were ſumptuouſly maintained of the common charge, and we read in Ezek. 48.21. That there was a very large portion of land aſſigned to the King, &c. Yet again Princes ſhould remember, that their treaſure chambers are not ſo much their owne private coffers, as the Treaſuries of the whole People; therfore ſaith Paul, For this cauſe pay we tribute, for they are Gods Miniſters, attending continually upon this very thing, to execute wrath upon him that doth evill, and he is the Miniſter of God to thee for good, render therefore tribute to whom tribute is due, Rom. 13. So then they may not prodigally waſte and ſpoile what they are betruſted with, for if they doe, it is manifeſt wrong to the people; nay it is no leſſe then moſt cruelly and unnaturally ſpilling the bloud of the people, for their Impoſitions and Subſidies, and other kind of tributes are but the ſupports of publique neceſſity: Then to weary the poore Communalty without cauſe, is tyrannicall extortion, theſe things conſidered, doe not encourage Princes to waſtefull expence and ryot, but rather it behoveth them with pure conſcience before God to doe all that they are bound to dee, leſt by their wicked boldneſſe they be deſpiſed of God; and they muſt be raught by them to whom it belongs, how much is lawfull for them, neither is this Doctrine needleſſe for private men, they muſt not raſhly and ſtubbornly give themſelves leave to grudge at the expences of Princes, although they exceed common and civill meaſure, ſee Calvin Inſti. 4.20.13.
Here it may be demanded by what rule Civill Government is to be regulated: I anſwer, by the Civill and poſitive Lawes of that Kingdome from which they receive their authority and dignity of civill Magiſtrates, theſe Lawes are as ſtrong ſinewes of Common-weales, or as Cicero calleth them, the ſoules, without which the Magiſtrate cannot ſtand, neither have they without the Magiſtrate any force, for the Law may be called a dumb Judge, and the Magiſtrate a living Law.
Now the Jewes had three ſorts of Lawes, the Ceremoniall, which was to them a darke Goſpell, ſhewing forth Chriſt to them in darke Types and ſhadows, but bleſſed be God, the vaile is taken away to us, and Chriſt is more clearly ſet forth to us ſince the publication of the Goſpell, and Chriſt is come, the ſubſtance of all thoſe dark Types and ſhadowes. Secondly, they had the Judiciall Law, which was the civill or poſitive Law of their Common-wealth; ſo anſwerable to this, wee have our poſitive Lawes of this Kingdome. Thirdly, they had the eternall Morall Law of God, which commandeth ſimply without guile to worſhip God with pure faith and godly life. Secondly, it commandeth to imbrace man with unfained love, it is the true and eternall rule of all righteous walking both to God and men, and it is preſcribed to men of all ages and times who are willing to frame their lives to the will of God, for this is his eternall and unchangeable will, that he himſelfe ſhould be worſhipped of us all, and that we ſhould mutually love one another; So then although the judiciall or poſitive Lawes of the Jewes be taken away, yet the perpetuall duties of the Morall Law abide for ever.
Hence I gather, that every Nation hath that liberty left them to make ſuch Lawes as they ſhall foreſee to be moſt profitable for them, but they muſt be framed after the perpetuall rule of charity, they muſt be grounded upon the ſame foundation, although they may differ in the form-from other Nations: Now the Law of God which we call morall, is nothing elſe but a teſtimony of the naturall Law that was written in the heart of man by creation, & ſome reliques of it are ſtill remaining in man, this morall law muſt be the marke, and end, and rule of all Lawes; then whatſoever lawes ſhall be framed according to that rule, and directed to that mark, and limited to that end, there is no cauſe why we ſhould diſallow them, although they differ from the Jewiſh Law, or one Kingdome from another in the adminiſtration of it: as for example; the law of God forbiddeth ſtealing, now the petialty of theft is ſet downe in the civill lawes of the Jewes, to reſtore five oxen for an oxe and foure ſheep for a ſheep, Exod. 22.1. Now other Nations puniſhed theft with recompence of double, the lawes that followed afterwards made difference between manifeſt theft and that which was not manifeſt, and ſome proceeded to baniſhment, ſome to whipping and ſome at laſt to the puniſhment of death: Again, for falſe witneſſing among the Jewes was puniſhed with recompence of equall paine Deut, 19.18. In ſome places onelyonly with great ſhame, in ſome places with hanging, in otherſome with the croſſe; and for man-ſlaughter, all lawes univerſally do revenge with bloud, yet with divers kinds of death: & for adultery, in ſome places were ordained great puniſhment, and in ſome leſſer, yet we ſee for all this diverſity, all tend to the ſame end, for they all agree togehter to puniſh thoſe offences which the eternall law of God conde ones, as man-ſlaughter, thefts, adulteries, falſe w…eſſing, &c. But in the manner of puniſhment they agree not, neither is it needfull that they ſhould, for in ſome Countries they muſt ſhew vigour with horrible examples againſt man ſlayers or elſe they will be immediately ruined with murders and robberies, and ſometimes puniſhments ought to be more ſevere then at other times, as in the time of was, all humanity would be caſt away unleſſe they then uſe unwonted fear of puniſhments; and ſome Countreys are more addicted to ſome certaine vice, which muſt be the more ſharply puniſhed to ſtop the ſpreading of it. Hence we muſt not conceive that the eternall law of God is abrogated, and new Lawes made and put in the place thereof, and prefe red above it, for they are not preferd above it ſimply, but in reſpect of the times, places and Nations, neither was the Morall Law given by Moſes, but to Adam before he ſinned, and manifeſted in writing to Moſes, not for the Jewes only, but for all Nations, and to be the ground of all their poſitive Lawes.